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1990-04-23 CITY COUNCIL REGULAR MEETING MINUTES142 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS HELD ON APRIL 23, 1990, AT 7:30 P. M. IN CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS The meeting was called to order with the following present: Mayor Councilmember/Mayor Pro Tem Councilmember Councilmember Councilmember Councilmember Acting City Manager City Attorney City Secretary Tom Reid William Wolff D. A. Miller James Bost David Smith Richard Tetens James DeShazer Robert Talton Kay Krouse The Invocation was given by Councilmember Richard Tetens. The Pledge of Allegiance was led by Councilmember James Bost. APPROVAL OF MINUTES It was moved by Councilmember Tetens, seconded by Councilmember Bost, that the Minutes of the Regular Meeting of April 9, 1990 be approved as submitted. Motion passed 5 to 0. It was moved by Councilmember Tetens, seconded by Councilmember Wolff, that the Minutes of the Joint Public Hearings held on April 16, 1990 be approved as presented. Motion passed 5 to 0. MAYOR'S ACTIVITY REPORT Mayor Reid administered the Oath of Office and Statement of Officer to Javier Caballero who has just been promoted to the position of Corporal in the Pearland Police Department. Mrs. Caballero pinned the Corporal bars on her husband's shoulder. Mayor Reid issued a proclamation proclaiming Saturday, April 28, 1990 as 113rd Annual Crawdad Jamboree" in Pearland. Accepting the proclamation were members of the Knights of Columbus Council 8960. Mayor Reid issued a proclamation proclaiming the week of May 1, 1990 as "Elks National Youth Week" in Pearland. Mayor Reid issued a proclamation proclaiming May 8, 1990 as "National Teachers Day in Pearland". Elaine Johnson accepted the proclamation on behalf of the Pearland Educational Association. COUNCIL ACTIVITY REPORTS Councilmember Miller reported attending the Brazoria County Cities Association meeting in West Columbia on the 18th. Councilmember Miller expressed his concerns about what appears to be a growing number of children going door to door in our City soliciting the sale of candy, etc. These are not local children, but rather they are coming into the City by van loads, dropped off in different areas, and then going door to door soliciting their items. This is not only a nuisance factor but could also become a security risk for the homes being called upon. Without proper permits, sthis-_-is.;in 143 violation of our Ordinance governing solicitors in our City, and Councilmember Miller stated that he has brought this matter to the attention of the Chief of Police. Councilmember' Tetens reported attending the Brazoria County Cities Association meeting at which he had the honor of presenting to Mayor Tom Reid a plaque in appreciation of his contributions to the Association over the past years. Councilmember Tetens questioned the status of Barry Rose Road. City Manager Jim DeShazer responded that the seal coat has been applied and the hard surface will be put on, hopefully, by the first of next week. Councilmember Wolff read a letter addressed to Barry Lastik, Superintendent of the Parks Department from the Pasternak Family, in which a $2000.00 donation was enclosed for use in purchasing additional equipment for the Aaron Pasternak Park. This is the second contribution made by the Pasternak Family for the park, Councilmember Wolff stated. Councilmember Smith stated that he would like to get some more information on the resurfacing job on F.M 518, from Westminister to Hwy. 35. There are several intersections at which a left turn lane could be put in, and this is not in the original contract. He stated that he felt that the District Engineer for the Highway Department should be contacted and the request made for a left turn lane at every possible intersection along the stretch of road to be resurfaced. Councilmember Smith reported meeting with the Drainage District No. 4 this morning, with the District's engineer and the City's engineer present. Plans are going forward on the lining of Mary's Creek in the area that does not have adequate width to increase the velocity flow, and also the storm sewer project on Old Alvin Road from where it presently ends down to F. M. 518. Councilmember Smith proposed that Council encourage Acting City Manager DeShazer to proceed with the hiring of five additional employees to work in the street and bridge department; which would include one being a working street foreman and another one a maintainer operator. We have a lot of projects needing to be done this sumer and more people are needed to work on them, Councilmember Smith stated. Councilmember Bost suggested that it would be nice if the sidewalk in front of the Pasternak Park could be completed by the time the Pasternak family has a picnic there. Councilmember Bost mentioned that Shadybend street needs to be resurfaced from the school on back the other way and that there are a couple of areas that need repairing on Old Alvin Road, north of the Fire Station. City Manager Jim DeShazer reported that he and the City Engineer, Dick Qualtrough, met with members of the Highway Department last Wednesday concerning the resurfacing of the portion of F. M. 518 from Hwy. 35 east to Westminister, which is 1.1 miles. At that time the left turn lanes were discussed and we were told that in order to do these turning lanes, a change order would be required, also additional widths of right-of-way would be needed for the turning lanes. At the first part of the contract they will patch the holes in the subsurface and then proceed with the resurfacing. Mayor Reid recommended that Councilmember Smith contact Milton Dietert, District Engineer with the Highway Department about the possibility of the left turn lanes. CITIZENS Mr. Charles Kinsey, 5208 W. Broadway, signed to speak to Council but was not present at the meeting. DOCKETED PUBLIC HEARING NO. 1 PURPOSE OF THE HEARING: REQUEST BY ENTER, INC. FOR INCREASE IN RESIDENTIAL NATURAL GAS SERVICE AND COMMERCIAL NATURAL GAS SERVICE RATES. NUMBER OF SIGNATURES ON ATTENDANCE ROSTER: 2 144 SPEAKING FOR THE PROPOSED REQUEST: 1. Roy Baker, District Manager for Entex. Mr. Baker presented Council with a brochure which outlined. Entex's increase in operating expenses during calendar year 1989 as compared with calendar year 1988. Mr. Baker stated his company is seeking this increase to recover the cost of service. The requested increase would amount to $0.12 per month per bill for residential and commercial service. SPEAKING AGAINST THE PROPOSED REQUEST: No one present spoke against the proposed request. QUESTIONS AND ANSWER PERIOD: There was a brief question and answer period between Council, City Staff and Mr. Baker. HEARING ADJOURNED COMPLETE TAPE OF HEARING IS ON FILE IN THE OFFICE OF THE CITY SECRETARY CHANGE IN THE ORDER OF BUSINESS NEW BUSINESS COUNCIL DECISION ON REQUEST FOR RATE INCREASE BY ENTEX, INC. It was moved by Councilmember Wolff, seconded by Councilmember Bost, that the requested rate increase by Entex be granted. In general Council discussion, Councilmember Tetens mentioned that only the expense side was presented by Entex and that he would like to see the revenue side. Motion passed 3 to 2. Councilmembers Tetens and Miller voted against. UNFINISHED BUSINESS APPOINTMENT OF ONE MEMBER TO THE BUILDING CODE BOARD OF ADJUSTMEN'T'S & APPEALS TO FILL UNEXPIRED TERM Mayor Reid advised that this item would be passed to a future agenda. ORDINANCE NO. 528-3, ORDINANCE AMENDING CERTAIN SECTIONS OF THE ANIMAL CONTROL ORDINANCE; CREATING A NEW SECTION NAMED FENCING; AND PROVIDING FOR A PENALTY FOR THE VIOLATION THEREOF Ordinance No. 528-3 was read in caption by Councilmember Tetens. (Second Reading) It was moved by Councilmember Tetens, seconded by Councilmember Smith, that Ordinance No. 528-3 be passed and approved on the second and final reading. Said Ordinance No. 528-3 reads in caption as follows: ORDINANCE NO. 528-3 AN ORDINANCE AMENDING CHAPTER SIX (6), ANIMALS AND FOWLS, BY AMENDING SECTION 6-2, DEFINITIONS; SECTION 6-6, TATTOOS; SECTION 6-33, RABIES CONTROL; SECTION 6- 44 SAME - DUTIES, POWERS; SECTION 6-46, DECISION TO DESTROY; SECTION 6-47, VICIOUS ANIMAL AT LARGE - PENALTY; AND SECTION 6-76, MINIMUM DISTANCE REQUIREMENTS FROM HUMAN HABITATION; CREATING SECTION 6-77, FENCING; PROVIDING A PENALTY FOR VIOLATIONS; A SAVINGS CLAUSE; A REPEALER CLAUSE; AND PROVIDING FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE. Voting "Aye" - Councilmembers Bost, Smith, Wolff, Tetens and Miller. Voting "No" - None Motion passed 5 to 0. MEETING RECESSED AT 8:33 P.M. MEETING RECONVENED AT 8:50 P.M. NEW BUSINESS (CONTINUED) CALL OF PUBLIC HEARING ON REQUEST BY TEXAS -NEW MEXICO POWR COMPANY STATEMENT OF INTENT FOIL ALrTHORITY TO CHANGE RATES It was moved by Councilmember Smith, seconded by Councilmember Wolff, that a Public Hearing be called for May 14, 1990, under Docketed Public Hearings of the Regular City Council agenda on request by Texas -New Mexico Power Company Statement of Intent for Authority to Change Rates. Motion passed 5 to 0. COUNCIL DECISION ON APPLICATION NO. 17, REQUEST BY CITY OF PEARLAND, AMM FOR ZONE CHA" FROM CLASSIFICATION GB, GENERAL BUSINESS TO OP, OFFICE AND PROFESSIONAL Mayor Reid read into the records the following letter from the Planning and Zoning Commission: April 19, 1990 Honorable Mayor and Councilmembers City Hall Pearland, Texas 77581 Re: Application No. 17 Gentlemen: At their meeting of April 16, 1990, the Planning and Zoning Commission considered Application No. 17, City of Pearland, Agent, for an amendment to the Land Use and Urban Development Ordinance from Classification General Business to Office and Professional on property located at 2234, 2236, 2238, and 2240 N. Galveston. It was moved by Helen Beckman, seconded by Clyde Starns, that Application No. 17 be approved changing the zoning classification from General Business to Office and Professional. The Commission discussed the zoning history of this area. Building Official Ernesto Buenrostro advised this application was filed to correct a drafting error on the City zoning map which occurred when Ordinance No. 509 was passed in 1986. Motion passed 5 to 1, with Al Lentz and Leroy Savoie voting against. This is submitted for your consideration. Sincerely yours, /S/ Al Lentz, Chairman Planning & Zoning AL/EB:pv It was moved by Councilmember Smith, seconded by Councilmember Tetens, that the City Attorney be instructed to prepare the necessary ordinance for the zone change from General Business to Office and Professional.. Motion passed 5 to 0. COUNCIL DECISION ON APPLICATI.ON.NO. 18, REQUEST BY CITY OF PEARLAND,,AGENT_FOR ZONE CHANCE FROM CLASSIFICATION GB, GENERAL BUSINESS TO C, COMMERCIAL Mayor Reid advised that there was an error on the agenda, the zone change request 146 is from classification General Business to Commercial, not..4,office and; Professional. Mayor Reid read into the records the following letter from the Planning and Zoning Commission: April 19, 1990 Honorable Mayor and Councilmembers City Hall Pearland, Texas 77581 Re: Application No. 18 Gentlemen: At their meeting of April 16, 1990, the Planning and Zoning Commission considered Application No. 18, City of Pearland, Agent, for an amendment to the Land Use and Urban Development Ordinance from classification General Business to Commercial on 1) Lots 15 & 16 - 2700 Block of S. Main; 2) Lot A, Pearland Pavilion - 2700 Block of S. Main; and 3) Section 2, Airport Subdivision - 3800 Block of Walnut. It was moved by Benny Frank, seconded by Leroy Savoie, that Application No. 18 be approved changing the zoning classification of the three requested areas from General Business to Commercial. Motion passed 7 to 0. This is submitted for your consideration. Sincerely yours, /S/ Al Lentz, Chairman Planning & Zoning AL/EB:pv It was moved by Councilmember Wolff, seconded by Councilmember Tetens, that Council instruct the City Attorney to prepare the necessary ordinance for a change in zone classification from General Business to Commercial on the requested areas. Motion passed 5 to 0. BID NO. B90-8, CLEANING, TELEVISING AND LINING OF APPROXIMATELY 1740 FEET OF 8 - INCH SANITARY SEWER LINE ON RANDALL STREET (RECENCY PARK SUBDIVISION) Council reviewed the following bids: •x . Insituform Texark, Inc. Insituform Gulf South, Inc. LUMP SUM BID BID BOND $148,733.00 Yes $ 87,620.00 Yes It was moved by Councilmennber Smith, seconded by Councilmember Bost, that Bid No. B90-8 be awarded to Insituform Gulf South, Inc., in the amount of $87,620.00 and that payment be made from the appropriate funds. Motion passed 5 to 0. BID NO. B90-9, FURNISH AND INSTALL REPLACEMENT WATER FILTERS FOR THE INDEPENDENCE PARK SWIMMING POOL IN PEARLAND, TEXAS Council reviewed the following bid: 14.7 NAME OF COMPANY Base Bid: Remove and replace the two existing Sand Filters for the Independence Park Swimming Pool Lump Sum Price $19,790.00 `- *NOTE: Filter will be installed with a primer base. Finish painting is not part of this bid. Alternate Bid Remove the two existing Sand Filters and install 8 Tandem Triton 140 filters, or equal, complete with all piping, fittings and valves Lump Sum Price $9,980.00 City Engineer Dick Qualtrough informed that this was the only bid received and that the replacement filters would be of steel construction and the eight filters would be of fiberglass. These fiberglass units are used by most pool companies and only one company makes the original filters. Mr. Qualtrough indicated that a shelter would need to be constructed over the fiberglass filters and that he would recommend the low bid of the eight fiberglass filters. It was moved by Councilmember Wolff, seconded by Councilmenter Smith, that Council award Bid No. B90-9 to Watts Pool Company,, for the Alternate Bid of eight filters, in the amount of $9,980.00, and that the money be taken from the appropriate funds. Motion passed 5 to 0. RESOLUTION NO. R90-10, RESOLUTION CONCERNING THE REMOVAL OF TRAFFIC CONTROL DEVICES IN THE CITY AND RATIFYING THE SAME. (NORTHBOUND/SOUTHBOUND ON MC LEAN AT WALNUT). Resolution No. R90-10 was read in its entirety by Councilaemnber Smith. It was moved by Councilmember Smith, seconded by Councilmember Wolff, that Resolution No. R90-10 be passed and approved on the first and only reading. Said Resolution No. R90-10 reads in caption as follows: RESOLUTION NO. R90-10 A RESOLUTION CONCERNING THE RENDVAL OF TRAFFIC CONTROL DEVICES IN THE CITY AND RATIFYING THE SAME. Voting "Aye" - Councilmembers Miller, Tetens, Wolff, Smith and Bost. Vdtfng - _ None Motion passed 5 to 0 RESOLUTION NO. R90-11, RESOLUTION CHANGING THE SECOND REGULAR MEETING DATE IN MAY, 1990 DUE TO MEMORIAL DAY HOLIDAY Resolution No. R90-11 was read in its entirety by Councilmewber Wolff. It was mov4W by Councilmember Wolff, seconded by Councilmember Tetens, that Resdlititn-No.�-7 R90-11, changing the second regular meeting date in May, 1990 to Mai 29, _,1990Mt 7:30 P. M., be passed and approved on the first and only reading. Said Resolution No. R90-11 reads in caption as follows: RESOLUTION NO. R90-11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, CHANGING THE SECOND FMA,AR MWING DATE IN MAY,_ 1990 DUE TO MEMORIAL DAY HOLIDAY. 148 Voting "Aye" - Councilmembers Bost, Smith, Wolff, Tetens, and Miller. Voting "No" - None Motion passed 5 to 0. RESOLUTION NO. R90-12, RESOLUTION ACCEPTING DONATION OF TRAGI OF LAND FROM GEORGE V. HASTINGS AND WIFE, NOLA M. HASTINGS Resolution No. R90-12 was read in its entirety by Councilmember Tetens. It was moved by Councilmember Tetens, seconded by Councilmember Wolff that Resolution No. R90-12 be passed and approved on the first and only reading. Said Resolution No. R90-12 reads in caption as follows: RESOLUTION NO. R90-12 A RESOLUTION ACCEPTING THE DONATION OF A TRACT OF LAND, AS HEREINAFTER DESCRIBED IN AN ATTACHED DEED FROM GEORGE V. HASTINGS AND WIFE, NOLA M. HASTINGS; AND AUTHORIZING THE MAYOR AND THE ACTING CITY MANAGER TO SIGN ANY AND ALL DOCUMENTS NECESSARY TO CARRY OUT THIS DONATION. Voting "Aye" - Councilmembers Bost, Smith, Wolff, Tetens and Miller. Voting "No" - None Motion passed 5 to 0. ORDINANCE NO. 587, ORDINANCE AUTHORIZING THE EMCtTTION OF A CONTRACT BZTW= EARL LAIRSON AND COMPANY, CERTIFIED PUBLIC ACCOUNTANTS, AND THE CITY OF PEARLAND Ordinance No. 587 was read in caption by Councilmember Miller. (First Reading) It was moved by Councilmember Miller, seconded by Councilmember Wolff, that Ordinance No. 587 be passed and approved on the first of two readings. Said Ordinance No. 587 reads in caption as follows: ORDINANCE NO. 587 AN ORDINANCE AUTHORIZING THE EXECUTION OF A CONTRACT, A FACSIMILE OF SAME BEING ANNEXED HERETO, INCORPORATED HEREIN FOR ALL PURPOSES DESIGNATED EXHIBIT "A" BY AND BETWEEN EARL LAIRSON AND COMPANY, CERTIFIED PUBLIC ACCOUNTANTS, AND THE CITY OF PEARLAND, TEXAS. Voting "Aye" - C:ouncilmembers Miller, Tetens, Wolff, Smith and Bost. - r, Voting "No" - None Motion passed 5 to 0. APPOINTMENT OF TWO MEMBERS TO THE PLANNING AND ZONING COMMISSION FOR A IMM -YF TERM It was moved by Councilmember Tetens, seconded by Councilmember Smith, that Mary Starr and James Garner be reappointed for a three-year term on the Planning, and Zoning Commission. Motion passed 5 to 0. ORDINANCE NO. 590, ORDINANCE APPROVING AN INTRUWAL AGGEM NT BETTHE CITY OF PEARLAND AND OTHER ENTITIES FOR THE PURPOSE OF PARTICIPATING IN THE CEAW: (3= SHED PLANNING, FUNDING AND IMPLEMENTATION OF PROJECTS WITHIN .W1.AA allNK, WiTERSHED Councilmember Smith explained that there are 18 entities, up and down Clear Creek, that are involved in this program and it appears that this is the first time we have something that would be workable. We need this interlocal agreement between the entities so that we can get the second funding from the State. zk.,-4't is antici- pated that the City's participation would be 6%. This agreement .also provides 149 that an entity can withdraw from participation after giving the Steering Committee 60 days written notice. Ordinance No. 590 was read in caption by Councilmember Smith. (First Reading) It was moved by Councilmember Smith, seconded by Councilmember Bost, that Ordinance No. 590 be passed and approved on the first of two readings. Said Ordinance No. 590 reads in caption as follows: ORDINANCE NO. 590 AN ORDINANCE APPROVING THE EXECUTION OF AN INTERLOCAL AGREEMENT, A FACSIMILE OF SAME BEING ANNEXED HERETO, INCORPORATED HEREIN FOR ALL PURPOSES DESIGNATED EXHIBIT "A" BY AND BETWEEN THE CITY OF PEARLAND AND THE PARTIES NAMED IN THE ATTACHED EXHIBIT. Voting "Aye" - Councilmembers Miller, Tetens, Wolff, Smith and Bost. Voting "No" - None Motion passed 5 to 0. RECLASSIFICATION OF JOB DESCRIPTIONS AND PAY SCIMULES FOR CERTAIN CITY EMPLOYEES Acting City Manager Jim DeShazer stated that he was recommending the following reclassifications be approved by Council: 1. Remove classification of Clerk/Typist from Parks & Recreation Job Description, Grade 7; adding classification of Administrative Assistant to Parks & Recreation Superintendent, Grade 9, with recommended hourly rate to be $8.08. 2. Remove classification of Shop Supervisor/Mechanic from Public Works/Shop, Grade 17, and add Fleet Manager/Equipment Services Supt., Grade 18, with recommended hourly rate to be $12.17 3. Amend classification of Mechanic II, Grade 13, to Shop Foreman/Mechanic II. Grade 15, with recommended hourly rate to be $11.10. Also included in the Council agenda packets were job descriptions for each of these positions, City Manager DeShazer informed. In general Council discussion about the job descriptions, several changes were suggested and these were noted by City Manager DeShazer. Mr. DeShazer advised that, in addition, the format on the Parks Department job description was different and would have to be reworked so that it will conform with all the others. It was moved by Councilmember Smith, seconded by Councilmember Wolff, that the recommendations of the Acting City Manager on the personnel changes, as presented with the changes that have been made, be approved and authorized by the Council. Motion passed 5 to 0. Mayor Reid advised that there would not be an Executive Session this evening. ADJOURN The meeting adjourned at 9:40 P. M. Minutes approved as submitted and/or corrected this day of A.D. 1990. or ATTEST: City Sec etary